Scharmann v. Schoell
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Julius Scharmann against Frederick Schoell and others. From a judgment dismissing the complaint, plaintiff appeals. Transferred from First to Second department.
1Opinion of the CourtHatch, J.
This is an equitable action brought to charge the defendant Schoell with liability as surety upon a bond given by Sophia Froeschle, as administratrix of her husband’s estate. Demurrer was interposed to the complaint, which was overruled by the appellate division in the First department, and leave given to answer. Scharmann v. Schoell, 23 App. Div. 398, 48 N. Y. Supp. 306. The com*499plaint must therefore be regarded by us as stating a good cause of action. This decision proceeded upon the ground that as the complaint averred that the administratrix had collected moneys of the estate, had…
2Cases cited6 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- Hood v. . HoodNew York Court of Appeals · 1881
- Continental National Bank of Boston v. ThurberNew York Supreme Court · 1893
- French v. . DauchyNew York Court of Appeals · 1892
- Bischoff v. EngelAppellate Division of the Supreme Court of the State of New York · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Scharmann v. SchoellAppellate Division of the Supreme Court of the State of New York · 1899